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The Complexity of Licencing Music Services in Canada

Bob Tarantino has an interesting post on the complexity with licencing music services in Canada in light of Pandora’s comments on the high costs here.

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September 27, 2010 2 comments News

Kate Taylor’s Must Read Series on Canadian Culture

The Toronto Star has been publishing Kate Taylor’s must-read series on Canadian culture, which includes a piece on the divided opinions on Bill C-32.

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September 27, 2010 Comments are Disabled News

CRIA Goes To Washington

The Toronto Star reports on a lobbying trip to Washington this week by the Canadian Recording Industry Association.  I’m guessing that the discussions did not focus on the fact that: U.S. digital music services blame high licence fees – not copyright – for avoiding the Canadian market the Canadian digital […]

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September 24, 2010 69 comments News

Pandora Blames Licensing Costs, Not Copyright for Blocking Canada

The Canadian Press runs an interesting story on some of the mobile music services that have yet to enter the Canadian market.  Tim Westergren, the founder of the hugely popular Pandora service, places the blame squarely on the fees being demanded by record labels and rights societies, indicating that Pandora […]

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September 23, 2010 40 comments News

Media Mergers the Last Stab at Failed Walled Garden Strategy

In the years before the emergence of the Internet, three online service providers battled in the United States for market supremacy.  America Online (later AOL), Prodigy, and Compuserve each adopted “walled garden” strategies that pinned their hopes on exclusive content to attract large subscriber bases.  

AOL ultimately won, becoming the largest online service provider in the world in the late 1990s. With tens of millions of subscribers, the company continued to bet on its walled garden approach, even as many people merely wanted their services to access the Internet.  Over the years, AOL saw its market share shrink dramatically, overtaken by an open Internet that offers infinitely more choice than any single company can.

While others attempted to erect their own walled gardens – Minitel in France, early Internet access on wireless devices that only pointed to company-approved sites and services – consumer demand for open Internet access consistently won out.

Despite the poor track record, my weekly technology law column (Toronto Star version, homepage version) notes that walled gardens seemingly still hold appeal to companies that believe the best way to distinguish their services is to offer exclusive access to content.  In recent months, Canada has experienced perhaps the last stab at a walled garden strategy with Shaw Communications’ purchase of Canwest Global Communications and BCE’s acquisition of CTV.  Throw in the broadcast assets owned by Rogers Communications and Videotron and control of the major Canadian private broadcasters is solidly in the hands of telecom and cable companies.

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September 23, 2010 4 comments Columns